This is a common question that many people ask when they are first thinking about making a personal injury claim, as many people worry they do not have enough information or proof to build a case. Hopefully this blog will clear up this query and put some worrying minds at ease.
As there are different types of claims, there are inevitably different pieces of information that are required for different sorts of cases. Therefore I will address the main categories of: Occupiers Liability claims, Accidents at work claims and Road Traffic Accident claims.
Occupier’s or Public liability claims
Slips or trips in a public places / pothole trippers etc. These cases can be notoriously difficult and therefore evidence can be vital; key pieces include:
- Photographs of the defect – especially relevant in pothole and manhole claims.
- Measurements – these are vital as these help to establish whether the defect is a “reasonably foreseeable risk”
- Photographs of the surrounding area – these enable the defendant to locate the defect. This can be especially important in council claims as unfortunately the council can be very lazy: and if they can’t find it they simply won’t investigate the matter!
- Sketch Map – Showing the area and circumstances of the claim. These allow us to get a good visual idea of what happened and is often something third parties request.
- Witness details – Understandably, when you have had an accident getting people’s names isn’t the first thing on your mind but if you do get them, it can be great news for your claim. Witness statements testifying what happened and/or supporting that a defect has been there for some time (and therefore has not been addressed on any inspection regime!)
Accidents at work claims
Depending on the circumstances of course, accident at work claims can be very strong cases- as all employers are compelled to have insurance to cover this type of thing. Therefore, in many cases you may be encouraged by your employer to make a claim (of course, there may also be times when you’re not). Legally, however, you are well protected and you cannot be sacked for pursuing a claim against your employer.
So what type of evidence is helpful in these cases?
- Accident report form – If the accident has been recorded this supports that your claim happened – having a copy is also a Brucey bonus!
- Witness information – If your fellow colleagues witness the accident it is always worthwhile checking whether they are prepared to give a witness statement.
- Photographs and Sketch maps – These can be helpful however, in some circumstances these may not be vital.
- Training records – These are particularly helpful for manual handling claims!
Road Traffic Accident claims
Key information here is of course the third party details! This can affect which route your claim progresses down. Other key information is pretty similar to the above, sketch maps especially. Road Traffic Accident claims are certainly more straightforward than Occupier’s or Accident at Work claims however any evidence will also help your case along.
